Case law

FED. LAND BANK OF SPRINGFIELD v. Farm Credit Admin.

676 F. Supp. 1239 · District Court, D. Massachusetts · Mar 17, 1987

Plaintiffs contend that the defendants have not met their burden of establishing good cause for waiver of notice and comment. … But, once all System institutions have fallen to the bottom of Zone C or into Zone D, to qualify for federal aid the Capital Corporation must assess all of the System’s remaining “available capital and reserves.”

Morgan v. Kerrigan

401 F. Supp. 216 · District Court, D. Massachusetts · Jun 5, 1975

This concern is expressed most clearly in the decisions that form the legal foundation on which Brown rests: Sweatt v. … The treatment in the plan of special needs students conforms with state law and enables the Boston public schools to qualify for federal and state aid for special education.

United States v. Seeley

District Court, D. Massachusetts · Nov 8, 2018

“The Supreme Court has held that when a state-created exemption, such as a homestead, conflicts with federal law, the exemption does not immunize a property from federal tax liens under the Supremacy Clause.” … The Court finds that this Memorandum and Order does not qualify as “final”under Rule 54(b) because it does not resolve all issues necessary to award judgment under26 U.S.C. §7403(c).

Freedom Wireless, Inc. v. Boston Communications Group, Inc.

390 F. Supp. 2d 63 · District Court, D. Massachusetts · Sep 1, 2005

These included three patents issued to Castro, which were filed sufficiently early to qualify as prior art. 19. One of the Castro patents, U.S. … Only if the threshold levels of materiality and intent have been established must the trial court weigh them.

United States v. Regeneron Pharmaceuticals, Inc.

District Court, D. Massachusetts · Oct 25, 2023

This case clearly satisfies the criteria for certification under § 1292(b). … Remuneration The first issue is whether the donations by Regeneron to CDF qualify as “remuneration” under the AKS.

Hughes

District Court, D. Massachusetts · Feb 3, 2026

To qualify for Dodd–Frank’s protections, Plaintiff must fall within the definition of a whistleblower. … could survive the Motion to Dismiss, as “according to the Amended Complaint, there was a pre- existing relationship, the email was specifically in reference to the application submitted on behalf of IAFF-FC, and there had clearly

Chase v. United States Postal Service

149 F. Supp. 3d 195 · District Court, D. Massachusetts · Mar 1, 2016

Under, the McDonnell Douglas framework, an aggrieved employee bears the initial burden of adducing sufficient qyidence to establish a prima facie case of discrimination or retaliation. … However, Chase has suggested throughout this litigation that the application of ELM Section 665.25 to his case was clearly erroneous because it applies only to on-duty drug use.

LePage v. E-One, Inc.

4 F. Supp. 3d 298 · District Court, D. Massachusetts · Mar 12, 2014

Plaintiffs second amended complaint clearly labels Counts 11 and 12 as negligence claims. 127 Moreover, Count 12 uses language typically associated with a negligence action. 128 The arguments presented in Greenwood’s motion … In Rhode Island, expert testimony is required to establish any matter that is not obvious to a lay person. 131 Expert testimony is thus required to establish a standard of care “ ‘with respect to inspection and testing and

United States v. Prosperi

573 F. Supp. 2d 436 · District Court, D. Massachusetts · Aug 29, 2008

See 50 U.S.C. § 1541 (c) (“The constitutional powers of the President as Commander-in-Chief to introduce United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly … Among other things, it established the Afghan Interim Authority (AIA), of which Karzai was the chairman.

The La Manche

14 F. Cas. 965 · District Court, D. Massachusetts · Jun 15, 1863

Thereupon the British government assumed the responsibility of the whole transaction, as done by their authority, which they insisted gave immunity to McLeod and his associates, and they demanded his immediate release. … Sebastian, and captured for an alleged breach of a paper blockade, which had been established by the orders in council of 1809. It was held that those orders did not embrace St. Sebastian.

Avellar v. Dubois

30 F. Supp. 2d 76 · District Court, D. Massachusetts · Dec 4, 1998

an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States.” 28 U.S.C. § 2245 (d) (1998) (inserted by Antiterroism and Effective Death Penalty Act of 1996, Pub.L … There being no clearly established Supreme Court law to which the SJC’s decision is “contrary,” we must evaluate the petitioner’s claim under the “unreasonable application” clause of section 2254(d)(1). Id. at 26 .

LeBaron v. Massachusetts Partnership for Correctional Healthcare

District Court, D. Massachusetts · Jan 2, 2018

at the Bridgewater state hospital, he shall cause such prisoner to be examined at such place of detention by a physician or psychologist, designated by the department as qualified to perform such examination. … Here, plaintiff has failed to establish either of the two prongs.

Karimpour v. Stanley Black & Decker, Inc.

District Court, D. Massachusetts · May 2, 2022

In his complaint, Karimpour enumerates three claims based upon that statute, although he does not clearly differentiate among the causes of action he seeks to assert. … The First Circuit Court of Appeals has emphasized that the standard for establishing such a claim “must be kept sufficiently demanding”. O'Rourke v.

Aung v. Prettenhofer

District Court, D. Massachusetts · Jun 16, 2021

Massachusetts had waived its sovereign immunity as to Plaintiff’s claims against it. (Id. at 5-6; see Alabama v. Pugh, 438 U.S. 871, 781 (1978) (per curiam)). … Here, the prior suit resulted in a dismissal for failure to state a claim, which qualifies as a final judgment on the merits.

Financial Resources Network, Inc. v. Brown & Brown, Inc.

930 F. Supp. 2d 287 · District Court, D. Massachusetts · Mar 14, 2013

They also seek to establish certain facts under Rule 56(g). … Finally, plaintiffs seek to establish certain facts under Rule 56(g).

Hutchinson v. Select Portfolio Services, Inc.

District Court, D. Massachusetts · Jul 3, 2019

No. 1-1, fails to allege conduct by DGL that falls outside of the scope of DGL’s attorney-client relationship with SPS and the Trustee and that, for actions it took within that scope, DGL is entitled to the immunity of … “In actions seeking declaratory or injunctive relief, it is well established that the amount in controversy is measured by the value of the object of the litigation.” Hunt v. Wash. State Apple Advert.

Deese-Laurent v. Real Liquidity, Inc.

District Court, D. Massachusetts · Mar 30, 2018

assert, by way of a motion, as a defense, or otherwise in any such suit, action or proceeding, any claim that it is not subject personally to the jurisdiction of the above-named courts, that its property is exempt or immune … Where plaintiff’s interests are derivative of Vineyard’s, it is clearly foreseeable that he is as subject to the NPA’s forum-selection clause as were the entities he managed.

Lewis v. Spaulding

District Court, D. Massachusetts · Nov 16, 2018

A TRO may issue without notice only if "specific facts in an affidavit or a verified complaint clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be … In order to secure injunctive relief, Lewis must establish that he is likely to succeed on a claim that “the defendants’ actions amounted to ‘deliberate indifference to a serious medical need.’” DesRosiers v.

Neff Group Distributors, Inc. v. Cognex Corporation

District Court, D. Massachusetts · Aug 5, 2022

§ 1404(a) to determine whether any public interest factors clearly disfavor a transfer in the interests of justice. Id. at 63. … In sum, plaintiff has not met its burden of establishing that enforcement of the forum-selection clause would be unreasonable.

Boos v. Abbott Laboratories

925 F. Supp. 49 · District Court, D. Massachusetts · Apr 30, 1996

It remains to say that the services here, although useful, do not qualify as ‘necessities.’ *52 SDK, 371 Mass. at 128-129 , 354 N.E.2d 852 (citations omitted). … By contrast, Chapter 93A specifically requires that its prohibitions be interpreted consistently with those of the FTC Act, see M.G.L. ch. 93A § 2(b), which clearly includes anticompetitive conduct within it purview.